Seturam Dhurve v. Shri I. D. Jain

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 236 of 2016 • Seturam Dhurve S/o Shri Mayaram Dhurve, Aged About 65 Years R/o Village Jhadutola, P. O. Singhangarh, Tehsil & District Kawardha (Chhattisgarh).........(Petitioner) ---- Petitioner

Versus

1. Shri I. D. Jain Executive Engineer, Water Resources Barrage, Dongargaon, District Rajnandgaon (Chhattisgarh)

2. Shri R. S. Rathore, Sub Divisional OfÏcer, Irrigation Canal, Mongra Project, Sub Division No. 3, Dongargaon, District Rajnandgaon ...........(Contemnor) ---- Respondent For Petitioner Mr. Basant Dewangan, Advocate For Respondent /State Mr. Avinash Singh, Panel Lawyer Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 10/11/2016

1. Heard.

2. This contempt petition has been preferred alleging noncompliance of the order dated 23.04.2015 passed by this Court in WPS No.1403 of 2015, by which, the order passed by the Division Bench on 26.02.2015 in WA No.281/2013 and other connected appeals were made applicable to the petitioner's case and a direction was issued that on fresh representation being filed by the petitioner within a period of four weeks, the respondents shall decide petitioner's entitlement to pension, in

accordance with the law laid down by this Court in Writ Appeal No.281/2013 within a further period of three months.

3. It is informed that as against the order passed in WA No.281/2013 read with the order passed in Review Petition No.61/2015, the State has preferred SLP(C) Nos.11541-11550 of 2016, which are pending consideration.

4. In view of the fact that the SLPs are pending, it may not be appropriate for this Court to initiate contempt proceedings at this stage.

5. Accordingly, the contempt petition is disposed of with liberty to the petitioner to move again if the competent authority of the State Government does not decide the representation within a period of 03 months from the date final order is passed in the above mentioned SLPs.

Sd/- Judge (Prashant Kumar Mishra) Shyna